2015 (12) TMI 635 - AAR - Income Tax

Indian Company Not Liable for Tax on US Court Penalty

The Indian company, facing a civil penalty of US $10 million imposed by the US Court due to a complaint by the US Securities and Exchange Commission, ... Tds on penalty amount - whether the Penalty Amount payable pursuant to the Final Judgment/Decree of the US Court and paid to the Government of USA/US Court would be liable to tax deduction at source under the provisions of the Income-tax Act, 1961? - Held that:- It is trite law that unless the payment made attracts the tax under the Income Tax Act, there would be no liability to deduct tax under Section 195 of the Income Tax Act. A penalty ordered by the US Court can never attract any tax nor would such a payment made by the applicant attracts any tax liability. It is, therefore, axiomatic that the payment being a penalty amount as ordered by the court of competent jurisdiction for the same, can never attract any such tax liability. Hence, the applicant would not be required to deduct any such amount under Section 195. The law is very clear on this aspect. Mr. Srivastava appearing for the Department very fairly stated and, correctly in our opinion, conceded that there would be no necessity of deducting tax from the penalty amount of 10 million US $. Issues:1. Whether the penalty amount payable pursuant to the Final Judgment/Decree of the US Court and paid to the Government of USA/US Court would be liable to tax deduction at source under the provisions of the Income-tax Act, 1961Rs.2. If the answer to Issue 1 is affirmative and the Applicant is required to deduct income tax at Source under section 195 of the Act, at what rate shall income tax be deductedRs.Analysis:Issue 1: The Applicant, an Indian company, faced a complaint by the US Securities and Exchange Commission (SEC) resulting in a civil penalty of US $10 million imposed by the US Court. The Applicant sought clarification on whether tax deduction at source under the Income-tax Act, 1961 was required for this penalty payment. The Authority for Advance Rulings deliberated that a penalty ordered by the US Court does not attract tax liability under the Income Tax Act. It was concluded that the penalty amount, being ordered by a competent court, does not trigger any tax liability, and therefore, no tax deduction under Section 195 was necessary. The Department representative also agreed that no tax deduction was required from the penalty amount.Issue 2: Since the answer to Issue 1 was negative, it was determined that there was no need to address Issue 2 regarding the rate of income tax deduction. The Authority held that no tax deduction was necessary for the penalty amount of US $10 million, as confirmed by the Department representative. Consequently, the matter was resolved with a decision in favor of the Applicant, stating that no tax deduction was required under Section 195 of the Income Tax Act.